Workplace Relations Amendment Regulations 1999 (No. 9)

Overview

The Workplace Relations Amendment Regulations 1999 (No. 9) were enacted to address the need for extending the sunset clause for a lodgment fee associated with certain termination of employment applications. The regulations were made under Section 359 of the Workplace Relations Act 1996, allowing the Governor-General to prescribe matters necessary for the Act’s implementation. The primary objective of these regulations is to amend the sunset clause of subregulation 30BD(4) to extend the fee’s operational period until 31 December 2000. This extension aims to continue the government’s strategy of discouraging frivolous or vexatious applications regarding termination of employment by retaining the filing fee. The regulations clarify and correct a minor drafting inconsistency in subregulation 30BD(3), ensuring consistency with the new sunset clause date in subregulation 30BD(4). The regulations came into effect upon gazettal.

Scope and Application

The Workplace Relations Amendment Regulations 1999 (No. 9) pertains to the fees associated with lodging an application for the termination of employment under the Workplace Relations Act 1996. These Regulations apply to any individual or entity seeking to lodge an application for termination of employment under the specified grounds, and they operate within the Commonwealth jurisdiction. The purpose of these Regulations is to extend the sunset clause for the lodgment fee until 31 December 2000, thereby maintaining the current fee structure for a further year. This extension is part of the government's approach to manage the number of meritless termination applications. The Regulations amend the existing subregulation 30BD(4) to ensure that the fee and related provisions remain in effect until the new sunset date, thereby providing clarity and continuity in the application of these fees.

Key Provisions

The Workplace Relations Amendment Regulations 1999 (No. 9) primarily focus on extending the sunset period of a particular fee for lodgment of an application under the Workplace Relations Act 1996. Specifically, regulation 30BD(1) of the Workplace Relations Regulations 1996 sets a lodgment fee of $50 for applications related to the termination of employment. This fee was initially set to cease on 31 December 1999, but the new regulations extend this to 31 December 2000 (Schedule 1, Item 2). Additionally, subregulation 30BD(3) is amended to refer to subregulation 30BD(1) "as in force before 31 December 2000" to correct a minor drafting inconsistency (Schedule 1, Item 1). The obligations imposed by these regulations are primarily on applicants lodging termination of employment applications under the Act. As per the existing subregulation 30BD(1), applicants must pay a fee of $50 for lodgment of such applications. The amendments ensure that this fee remains in place until the new sunset date of 31 December 2000. Additionally, subregulation 30BD(3) now correctly references subregulation 30BD(1) as it applies before the new sunset date, ensuring clarity and consistency in the application process. In terms of consequences for breach, the regulations do not explicitly outline offences, penalties, or consequences for failing to comply with the fee requirement. However, the overarching principle of the Workplace Relations Act 1996 is that any non-compliance with regulations made under the Act could potentially lead to legal action, including the possibility of fines or other penalties as prescribed by the Act or other relevant legislation. Given that the fee is intended to discourage frivolous or vexatious applications, failure to pay the fee might result in the application being dismissed without consideration on the merits, as per existing provisions of the Act.